Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Slim07 on January 25, 2024, 09:50:09 pm
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I'd be interested to know whether this 'lane' falls within the definition of 'cycle track' provided by the Highways Act 1980 s329.
@John_S if this is a point of general interest, post in the flame pit. If you have a PCN, post your own thread.
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Hi everyone,
Sorry I'm a bit late here. I'm currently researching Mandatory Cycle Lanes. Can anyone provide an update/result on this case please?
I'd be interested to know whether this 'lane' falls within the definition of 'cycle track' provided by the Highways Act 1980 s329.
Regards,
John.
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@Slim07 well the penalty charge is at £130 so there is absolutely no point in paying now. Wait for the notice to owner, let us know as soon as you've got it and we'll come up with something. At the very least we can get the discount reinstated.
Here is the screenshot posted properly:
(https://i.imgur.com/roHdtad.jpeg)
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You mean representations?
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cp8759
how would I best proceed. What do you suggest going forward with this one? As for appeal
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Deary me.
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Response from the council:
(https://i.imgur.com/81Jew18.png)
@Slim07 are you still with us?
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That looks like good evidence but the resolution is to low.
Please stop attaching images to posts, please read bullet point 3 here (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/) and re-post.
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@cp8759
I am attaching below the evidence that i could get which is that i was working on delivery on the alleged day.
Can you please draft up the representation that i can then send.
thank you
[attachment deleted by admin]
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@cp8759
I can prove that i was working.
I can get a run sheet that is was delivering.
Can you represent me.
It's a bit early days to be talking about representation, you never know the council might accept the representation. Please post up or email me whatever evidence you can provide and I'll draft a representation.
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There are two photos of the OP's vehicle, one with a dashed white line appearing from under the front and one with an equally clear solid white line disappearing under the rear.
The focus on the advisory nature of the former rather ignores the existence of the mandatory nature of the latter.
OP, whether you were working or not is not an issue, you may not park on a mandatory cycle lane, and the evidence shows you were.
This might only have been marginal, the photos don't show other landmarks clearly enough to claim. If it was marginal, then an adjudicator could disregard, but it's a gamble.
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@cp8759
I can prove that i was working.
I can get a run sheet that is was delivering.
Can you represent me.
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OK @Pastmybest I'll get hold of the TRO.
@Slim07 what evidence do you have to confirm you were making a delivery? Something like a route schedule, delivery notes, anything like that?
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The dashed lines surely mean it is not a mandatory cycle lane, so the offence did not occur.
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@cp8759
I was parked in the cycle lane.
there was a van infront, i couldnt park in the bay. so i parked behind the van.
I am running on a time slot basis.
So i have to park outside the shop for health and safety reasons and i may get robbed.
There is only one loading bay.
I am delivery driver for this street.
I am here every day
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@cp8759
https://maps.app.goo.gl/6Lf4FLJ4pFrJE66y6
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Section 21 deals with cycle tracks not cycle lanes as this is without digging around IIRC the cycle track is created via a TRO/TMO and the exemption is listed in the CEO handbook and specifies cycle lane only
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Section 21 of the Road Traffic Act 1988 does not provide any exemption for loading, but I note the lane in front of the van is advisory only, so the real issue is where does the solid white line stop and where do the dashed lines commence.
Can you give us a link to the exact location on google street view please?
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Loading/unloading is an exemption. I take it you can prove that is what you were doing with a delivery note or some such
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I didnt have a BB. I was out on delivery. Can you help with this representation
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There is a wording issue re served v occurred; but, this is not an absolute cert.
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BB holders cannot park on a cycle lane.
You can submit reps on the basis of necessity, but it's not something an adjudicator can over-turn.
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Penalty Charge Notice GR10386704
PCN details
Vehicle registration number PF20HRJ
Penalty Charge Notice GR10386704
Date 18/01/2024
Time 11:32
Make MERCEDES
Colour White
Was seen in ELTHAM HIGH STREET
Contravention Parked wholly or partly on a cycle track or lane
code: 49
I am a delivery driver doing deliver in eltham hight street, there was no loading bay available at the time. there is only one loading bay on the street. I have to park in front of the shop for security reasons.
Please help with this. I should get a ticket as I am delivery driver.
[attachment deleted by admin]